Brighty App General Terms and Conditions

These General Terms and Conditions (the “T&Cs” or “Terms”), together with any documents incorporated by reference, constitute a legally binding agreement (the “Agreement”) between you (the “User”) and Wireflexion spółka z ograniczoną odpowiedzialnością with its registered office at Rondo Ignacego Daszyńskiego 2B / W2410, 00-843 Warsaw, Poland, registered in the National Court Register under KRS 0001139876, tax identification number NIP 5273140122 (“we”, “us”, “our”, or “Brighty App”).

Please read these Terms carefully. If you do not agree to them, you must not access or use the Services.

1. Definitions

Unless the context clearly indicates otherwise, the following terms have the meanings set out below:

• Account – your user account created in the Brighty Application.
• AML Act – the Polish Act of 1 March 2018 on Counteracting Money Laundering and Financing of Terrorism with its latest amendments (consolidated as Dz.U. 2025 poz. 644).
• App / Brighty Application – the “Brighty” mobile application available on Google Play and the Apple App Store, as well as the related web-based access provided through the Brighty website.
• Consumer – a natural person acting for purposes not directly related to their trade, business, craft, or profession, within the meaning of Polish law.
• Entrepreneur with Consumer Rights – a natural person conducting business activity who, under Polish law, is granted certain consumer protections when entering a contract that is not of a professional nature for that entrepreneur.
• Partner Services – fiat payment, banking, or card services provided by independent, regulated third-party partners that are accessible through the App.
• Services – all services provided through the Brighty App or website, including Virtual Asset Services and access to Partner Services.
• Supported Assets – fiat currencies and/or virtual assets that are supported and made available in the App at any given time.
• Virtual Assets / Cryptocurrencies – digital representations of value that are not issued or guaranteed by a central bank or public authority, which are accepted as a means of exchange and can be electronically transferred and stored.
• Virtual Asset Services / VASP Services – services related to Virtual Assets, within the meaning of the AML Act, including the exchange of Virtual Assets for fiat currencies, exchange between Virtual Assets, and custody or wallet services.

2. Who We Are

2.1 Brighty App Brand and Entities

The Brighty App brand may be operated by more than one legal entity. Each entity may offer different services and be subject to different legal and regulatory frameworks. Unless explicitly stated otherwise, these Terms govern the Services provided by Wireflexion sp. z o.o.

2.2 Virtual Asset Services in Poland

Wireflexion sp. z o.o. provides Virtual Asset Services as an “obliged institution” within the meaning of the AML Act. Wireflexion sp. z o.o. is registered in Poland in the Virtual Currency Activities Register under entry RDWW-1690 pursuant to the AML Act. Registration in the RDWW confirms the Company’s authorization to provide Virtual Asset Services in Poland, but does not constitute prudential supervision by the National Bank of Poland or the Polish Financial Supervision Authority.

2.3 Fiat Currency and Payment Services

The Brighty App does not directly provide fiat banking or payment services. All fiat-related functionalities available through the App—including IBAN accounts, SEPA/SWIFT transfers, fiat deposits, fiat withdrawals, and card settlement—are provided by licensed third-party Partners. The Brighty App acts solely as a technical facilitator, enabling access to Partner Services via the App interface. Brighty App does not operate as a bank or payment institution and does not hold fiat funds on Users’ behalf.

3. Scope of Services

3.1 Services Offered

The Brighty App provides a mobile application (the “Brighty Application”), available on Google Play, the App Store, and via our website. Through the Brighty Application, you may:

• Create and maintain an Account;
• Buy, sell, and exchange Supported Assets, including fiat currencies and Virtual Assets;
• Deposit, withdraw, send, or receive Virtual Assets;
• Store Virtual Assets in a custodial wallet provided by the Company;
• Participate in earning, rewards, or promotional programs where offered;
• Apply for or manage virtual and/or physical payment cards, where offered by Partners, including loading funds onto such cards as needed.

The Brighty Application acts as a platform that enables access to these Services. Certain functionalities, such as payment cards or fiat banking services, are provided by licensed third-party Partners.

3.2 Card Services and Partner Dependencies

Payment card services are provided through Partner Services (including card issuers and account service providers). The availability, functionality, and features of cards depend on such Partner Services. Card functionality may be temporarily restricted, suspended, frozen, or modified due to operational, compliance, regulatory, or technical reasons, including changes in Partner Services or the entity providing account-related services linked to the card. In particular, where the provider of cryptocurrency account services changes (e.g. to Wireflexion sp. z o.o. effective 1 January 2026), and the payment card (issued by Wallester AS) is directly linked to such account, the transfer may require an administrative update to the card agreement. In such cases, all cards may be temporarily frozen from 1 January 2026, and during the suspension you may not be able to make payments or withdraw cash using the card. The suspension applies only to card functionality. Your funds remain safe and accessible through your main account, and the card is merely a tool used to access those funds. To continue using the card, you may be required to confirm acceptance of updated card terms (reflecting the updated service provider). Starting from 1 January 2026, you will be prompted in the App to approve the updated Card Terms. However, card reactivation may also depend on completion of technical implementation and integration, which may take approximately four (4) to six (6) weeks, after which the card will automatically unfreeze and you will be notified when it is ready for use. To reactivate and continue using the card, you must approve the updated Card Terms by 31 March 2026. By approving the updated Card Terms and continuing to use the card after reactivation, you expressly acknowledge and agree to the changes resulting from the updated service provider and card arrangements. Information regarding any restriction, suspension, reactivation steps, applicable deadlines, or card closure will be communicated via email and/or in-app notice.

3.3 Availability and Changes

We may add, modify, suspend, or discontinue any Service or Supported Asset, in whole or in part, at any time, subject to applicable law. Where required by law, we will provide notice of such changes via the App, email, or our website.

4. Acceptance of Terms and Amendments

By creating an Account, clicking “I accept”, or using the Services, you confirm that you have read, understood, and unconditionally accept these Terms.

We may amend these Terms for reasons including, but not limited to, changes in applicable law, updates to Partner Services, security enhancements, or development of the Services. Amendments will take effect on the date specified in the notice. Your continued use of the Services after such date constitutes acceptance of the amended Terms. From the Effective Date of these Terms, we will notify you of amendments primarily by email sent to the address linked to your Account. Where appropriate, additional inapp notifications may be provided. Unless Applicable Law requires explicit consent through a separate action, amended Terms shall become effective on the date specified in the notification. Your continued access to or use of the Services after the effective date constitutes your explicit acceptance of the amended Terms.

5. Eligibility

You may only open and maintain an Account if you:

• Are at least 18 years old;
• Have the legal capacity to enter into binding contracts;
• Reside in a jurisdiction where the Brighty App is offered;
• Successfully pass identity verification and AML/CFT checks.

We may refuse or restrict access to the Services where required by law or our risk policies, including if you appear on sanctions or watch lists.

6. Your Account

6.1 Registration

To use the Brighty App, you must:

• Provide a valid email address and phone number;
• Set up secure authentication, including a password and/or other security factors;
• Complete identity verification (KYC) in accordance with applicable law.

6.2 Accuracy of Information

You must provide true, accurate, current, and complete information when registering and maintaining your Account. If we reasonably suspect that any information is inaccurate or incomplete, we may request that you update or correct it, suspend access, or terminate your Account.

6.3 Account Security

You are responsible for safeguarding your Account credentials and devices. All actions carried out through your Account are presumed to be authorized by you unless you notify us otherwise. If you suspect that your Account or credentials have been compromised, you must notify us immediately at support@brighty.app

7. Anti-Money Laundering (AML), KYC, and Compliance

7.1 Verification and Monitoring

In accordance with the AML Act, we are required to verify your identity, monitor transactions, and assess associated risks. To comply with these obligations, we may request from you:

• A passport or national ID card;
• Proof of address;
• Documents evidencing the source of funds or wealth;
• Details regarding the purpose of transactions.

7.2 Refusal or Restriction

In the event that you fail to provide any required information, or if the information provided cannot be verified to our satisfaction, we reserve the right to delay, restrict, or refuse the processing of any transactions or the provision of any Services. We may also, at our sole discretion, suspend or close the Account.

7.3 Record Retention

We shall retain all compliance-related documentation for the period mandated under the AML Act, which typically comprises the duration of the Account’s existence and a minimum of five (5) years following its closure, unless a longer retention period is required under applicable law or regulatory guidance.

8. Travel Rule Compliance

Where required under applicable law, including but not limited to the implementation of Travel Rule standards, we may collect, verify, retain, and transmit information in connection with qualifying Virtual Asset transfers. Such information may include, without limitation: the originator’s full legal name and wallet or account identifier; the originator’s address, national identification number, or any other identifiers mandated by law; the beneficiary’s full legal name, wallet address or account reference, and any relevant Virtual Asset Service Provider (VASP) identifiers.

If any required information is incomplete, missing, inaccurate, or cannot be verified to our satisfaction, we may, in accordance with our legal and regulatory obligations, delay, block, or refuse to process the transfer.

9. Dormancy and Account Closure

9.1 Risk-Based Closure

We may, at our sole discretion, close Accounts for compliance, legal, regulatory, or risk-management reasons. Where practicable and permitted under applicable law, we will provide notice of closure and allow you a period of fourteen (14) days to withdraw any remaining funds. If the funds are not withdrawn within this period, an additional grace period of two (2) months will be provided. Upon expiration of the grace period, the Account may be designated as dormant.

Dormant Accounts in this category shall be subject to a dormancy fee of five euros (€5) per month (or the equivalent in another currency), which will accrue until the Account is reactivated or the available balance is exhausted.

9.2 Inactivity-Based Dormancy

If you do not access or log into your Account for a continuous period of six (6) months, the Account may be designated as dormant due to inactivity. Dormant Accounts shall be subject to a monthly dormancy fee of five euros (€5) (or the equivalent amount in another currency), which will continue to accrue until the Account is reactivated or the available balance is depleted.

You may reactivate your Account by logging in and completing at least one (1) transaction, or by contacting our support team and complying with any verification requirements we may impose.

9.3 Dormancy Due to Investigations

If an AML/CFT or fraud-related investigation is initiated and you fail to provide the requested documentation within fourteen (14) days, we may, where permitted by applicable law, initiate controlled withdrawals from your Account of up to five hundred euros (€500) per month until the investigation is concluded. If the Account balance is less than five hundred euros (€500), we may, to the extent lawful, withdraw the remaining balance in full.

10. Fees

All fees applicable to the Services are disclosed within the App and/or on our website. We reserve the right to amend or introduce new fees, with prior notice provided to you where required under applicable law. Certain fees may be imposed independently by our Partners, and we bear no responsibility for such charges.

You hereby authorize us to deduct any applicable fees, charges, or costs from your Account balances as they become due.

11. Cryptocurrencies, Risks, and Earning Programmes

11.1 Risks

You acknowledge and agree that Virtual Assets are inherently volatile and carry a significant risk of loss. Such risks may arise from, without limitation, adverse market movements, protocol or technical failures, cybersecurity incidents, operational disruptions, or changes in applicable laws or regulations. You further acknowledge that transactions involving Virtual Assets are, as a general matter, irreversible once confirmed on-chain, and that you bear all associated risks.

11.2 Earning / Rewards

Where earning, staking, vault, cashback, or other reward programmes are made available, such programmes are governed exclusively by their respective terms and conditions, which are displayed within the App. All earning or reward programmes may be amended, suspended, or discontinued at any time, in whole or in part, in accordance with their applicable terms and without prejudice to our rights under this Agreement.

12. Suspension and Termination

12.1 Your Right to Close

You may close your Account at any time by accessing the relevant functionality within the App or by submitting a request via your registered email to support@brighty.app. Where your Account holds fiat balances, any closure may be subject to applicable Partner requirements and procedures.

12.2 Our Right to Suspend or Terminate

We reserve the right, at our sole discretion, to restrict, suspend, or terminate your Account, without prior notice where permitted or required by applicable law, if:

• you breach these Terms or any applicable programme terms;
• we have reason to suspect fraud, money laundering, terrorist financing, sanctions exposure, or any other unlawful activity;
• we are required to comply with a court order, regulatory directive, or other legal obligation; or
• security, operational, or risk considerations necessitate immediate action.

Suspension or termination of your Account may result in the partial or complete suspension or termination of your access to Virtual Asset Services and Partner Services.

13. Refund Processing Fee

If we restrict, suspend, or terminate your Account as a result of a breach of these Terms, any applicable programme terms, or applicable law—including, without limitation, confirmed or reasonably suspected instances of fraud, money laundering, or other AML/CFT violations —we may, at our sole discretion, charge a Refund Processing Fee of up to twenty percent (20%) on any amounts refunded to you. Such fee is intended to cover administrative, compliance, and legal costs and shall be deducted from the refundable amount prior to execution of the refund.

14. Data Protection and Privacy

We process your personal data in accordance with:

• Regulation (EU) 2016/679 (“GDPR”); and
• Applicable Polish implementing legislation.

Further details regarding the categories of personal data collected, purposes of processing, legal bases, retention periods, data sharing practices, and your rights as a data subject are set out in our Privacy Policy, which is available within the App and on our website.

15. Provision of Services by Electronic Means

The provision of the App and any digital Services in Poland is additionally governed by the Polish Act of 18 July 2002 on Providing Services by Electronic Means, as amended. You shall not use the App or any Services to store, transmit, or publish content that is unlawful, or to engage in any activities that are contrary to applicable law, these Terms, or any applicable programme terms.

16. Intellectual Property

All intellectual property rights, including but not limited to copyrights, trademarks, trade names, logos, software, content, and other proprietary materials in or relating to the App, website, and associated Services, are owned by Brighty App or its licensors.

Subject to your compliance with these Terms, you are granted a limited, non-exclusive, revocable, and non-transferable licence to access and use the App solely for lawful personal or internal business purposes. No other rights or licences are granted, and all rights not expressly granted herein are reserved.

17. Customer Support and Complaints

You may contact us at support@brighty.app for customer support. We endeavor to respond to inquiries within five (5) to seven (7) business days, unless the nature or complexity of the matter, or applicable legal or regulatory requirements, necessitate a longer response time.

Where the User qualifies as a Consumer, or as an Entrepreneur entitled to Consumer Rights, any complaints shall be addressed in accordance with the provisions of the Polish Consumer Rights Act, as amended to implement applicable EU consumer directives, including but not limited to regulations on digital content conformity and transparency obligations under the Omnibus Directive.

18. Limitation of Liability and Indemnification

18.1 Limitation of Liability

To the fullest extent permitted by applicable law, neither Brighty App, nor any of its directors, officers, employees, agents, or affiliates, shall be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, revenue, data, or business opportunities, arising out of or in connection with the use of the App or Services. Our aggregate liability to you under these Terms, regardless of the legal theory upon which it is based, shall in no event exceed the total fees paid by you for the Services during the twelve (12) months immediately preceding the event giving rise to such liability, except to the extent that mandatory law provides otherwise.

18.2 Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms to the extent such failure or delay is caused by events or circumstances beyond our reasonable control, including, without limitation, natural disasters, acts of war or terrorism, strikes or other labor disputes, cyber incidents or security breaches, telecommunications or internet failures, or actions or mandates of governmental or regulatory authorities.

18.3 Indemnity

You agree to indemnify, defend, and hold harmless Brighty App, its affiliates, directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to your:

• unlawful or unauthorized use of the Services;
• breach of these Terms or any applicable programme terms;
• infringement of the intellectual property, privacy, or other rights of any third party; or
• violation of any applicable law, regulation, or legal obligation.

We shall have the right, at our sole discretion, to assume control of the defence and settlement of any such claim, at your expense, and you agree to cooperate fully in such defence.

19. No Investment Advice

Brighty App does not provide investment, legal, tax, or financial advice. Any information, content, or materials provided through the App or Services are for general informational purposes only and shall not be construed as a recommendation, solicitation, or offer to buy, sell, or hold any Virtual Assets or financial instruments. You acknowledge and agree that all decisions regarding transactions or other actions are made at your sole risk and discretion.

20. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Poland. Any dispute, controversy, or claim arising out of or in connection with these Terms, including their validity, interpretation, or performance, shall be submitted to the competent courts of Poland.

Where you qualify as a Consumer, nothing in this provision shall limit or waive the mandatory rights and protections afforded to you under the laws of your habitual residence within the European Union.

21. Miscellaneous

• Assignment: We may, at our sole discretion, assign, transfer, or delegate any of our rights or obligations under these Terms to any affiliate, successor, or permitted assignee. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent.
• Severability: If any provision of these Terms is determined to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall remain in full force and effect.
• No Waiver: The failure or delay by us to exercise any right, power, or remedy under these Terms shall not constitute a waiver of such right, power, or remedy, nor shall it preclude any future exercise thereof.
• Third-Party Rights: Except as expressly stated herein, these Terms do not and are not intended to confer any rights or remedies upon any person or entity other than the parties to these Terms.
• Language: The English language version of these Terms shall prevail and govern in all respects, except where the Polish language version is expressly designated as the controlling version for Users located in Poland.